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Showing posts in Nonresidential Real Property Leases

State Law Enforceability of Post-Confirmation Settlement Agreement Not Dispositive; Bankruptcy Court Considers Bankruptcy Rule 9019 Standard

In re Filene’s Basement, LLC, No. 11-13511 (KJC), 2014 WL 1713416 (Bankr. D. Del. Apr. 29, 2014)

On April 29, 2014, the Honorable Kevin J. Carey issued another Memorandum in connection with the on-going disputes in the bankruptcy proceedings of reorganized Filene’s Basement, LLC and its affiliated reorganized debtors (collectively, the “Reorganized Debtors”) regarding a lease of non-residential real property located in Secaucus, New Jersey (the “Lease”). Unlike Judge Carey’s prior decisions that determined a claim to percentage rent under the Lease (an analysis of which may be found here), the issues presented to His Honor in… Read More